Diaz vs. Court of Appeals

133 Sec. 30 : No Law shall be passed increasing the appellate jurisdiction of the Su preme Court as provided in the Constitution without its advice and concurrence. Diaz vs. Court of Appeals GR No. 109698 December 5,1994 Facts : Petition for Review of a decision of the Court of Appeals. On 23 January 1991, Davao Light and Power Company, Inc. (DLPC) filed with the En ergy Regulatory Board (ERB) an application for the approval of the sound value a ppraisal of its property in service. On 6 July 1992, petitioners filed a petition for review on certiorari before the Court assailing the decision of ERB on the ground of lack of jurisdiction and/o r grave abuse of discretion amounting to lack of jurisdiction. The Court of Appeals subsequently dismissed the petition on the ground that (1) the filing of the petition for review with the Supreme Court was a wrong mode of appeal, and (2) the petition did not comply with the provisions of Supreme Cour t Circular 1-88 in that (a) it did not state the date when the petitioners recei ved notice of the ERB decision, (b) it did not state the date when the petitione rs filed a motion for reconsideration, and (c) it inconsistently alleged differe nt dates when petitioners supposedly received the denial of their motion by ERB. on 18 December 1992, petitioners filed a motion for reconsideration contending t hat resolution of 8 September 1992 was a directive for the Court of Appeals to disregard the circular. In its resolution of 24 March 1993, the Court of Appeals denied the motion for r econsideration for lack of merit. Issue : Did the Court of Appeals erred in dismissing the petition . Held : On 2 February 1987, the New Constitution took effect(, with Sec. 30.) On 8 May 1987, the President promulgated E.O. No. 172 creating the Energy Regula tory Board to replace the Board of Energy. Sec. 10 of E.O. No. 172 was enacted without the advice and concurrence of the Co urt, this provision never became effective, with the result that it cannot be de emed to have amended the Judiciary Reorganization Act of 1980. Consequently, the authority of the Court of Appeals to decide cases from the Board of Energy, now ERB, remains (Cf. First Lepanto Ceramics, Inc. v. Court of Appeals, G.R. No. 11 0571, 7 October 1994). Hence, the Court of Appeals was correct when it held âContrary to petitioners' stand , the Supreme Court's Resolution dated September 8, 1992, referring "this case t o the Court of Appeals for further disposition" was not a directive for this cou rt to disregard the above circulars and precedents. Rather the said SC resolutio n could mean only that this court should dispose of the subject petition in conf ormity with, and not in violation of, those circulars and precedents (Rollo, p. 26). Both Circulars Nos. 1-88 and 2-90 were duly published in newspapers of general c irculation in the Philippines. Hence, lawyers are expected to keep themselves ab reast with the decisions of this Court and with its Circulars and other issuance s relating to procedure or affecting their duties and responsibilities as office rs of the court (Teehankee, Jr. v. Hon. Madayag, G.R. No. 102717, 12 December 19 92). Sheila A. Artillero